SHRISH AGRAWAL Vs. STATE OF M P

JUDGEMENT

(1.) THE question which arises for determination by the Full Bench in the present case is: "whether Sections 47-A to 47-D of the M. P. Excise Act, 1915 (hereinafter to be referred to as 'the Act') are Constitutionally valid ?

(2.) THE M. P. Excise Act, 1915 has been amended by the M. P. Excise (Amendment) Act, 2000 (Act No. 22 of 2000) which has come into force from 1-12-2000. The penal provision in Section 34 has been made more condign and deterrent if a person is convicted for an offence for manufacture, transport, import, export, collection, possession and sale of intoxicant if the quantity of the intoxicant being liquor found at the time or in the course of detection of the offence exceeds fifty bulk litres. In such a case as provided in Sub-section (2) he will be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than twenty five thousand rupees but may extend to one lac rupees. Sub-section (3) provides that when an offence covered by Clause (a) or Clause (b) of Sub-section (1) is committed and the quantity of liquor found at the time or in the course of detection of such offence exceeds fifty bulk litres, all intoxicants, articles implements, utensils, materials, conveyance etc. , in respect of or by means of which the offence is committed, shall be liable to be seized and confiscated. Section 46 (1) of the Act has been recast to provide for confiscation of certain articles and conveyance etc. Section 47 (1) further provides that where in any case tried by him the Magistrate, decides that anything is liable to confiscation under Section 46, he shall order confiscation of the same: Provided that where any intimation under Clause (a) of Sub-section (3) of Section 47-A has been received by the Magistrate, he shall not pass any order in regard to confiscation as aforesaid until the proceedings pending before the Collector under Section 47-A in respect of thing as aforesaid have been disposed of, and if the Collector has ordered confiscation of the same under Sub-section (2) of Section 47-A, the Magistrate shall not pass any order in this regard.

(3.) SECTIONS 47-A to 47-D have been inserted by the Amendment Act of 2000. Section 47-A provides for confiscation of seized intoxicants and articles etc. in the case of quantity of liquor exceeding fifty bulk litres by the Collector. It is also provided in this Section that he may during the pendency of the proceedings for such confiscation also pass an order of interim nature for the custody, disposal etc. of the confiscated intoxicants and articles etc. , as may appear to him to be necessary in the circumstances of the case. Sub-section (3) of Section 47-A envisages (a) an intimation about initiation of proceedings for confiscation of seized intoxicants and articles etc. to the Court having jurisdiction to try the offence on account of which the seizure has been made, (b) a notice in writing to the person concerned, (c) affording an opportunity to such person of making a representation against proposed confiscation, and (d) giving of hearing to him.